On Tuesday I complained about pending Eurostrictions. Today I’d like to give the EU some credit. Not a lot, but some. In the EU Charter of Fundamental Rights are a couple of articles that might make our
Total Terrorist Information Act folks cringe
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3.Compliance with these rules shall be subject to control by an independent authority.
This looks pretty good. I give the EU credit for this.
How fragile such protections are, though, when modified with words like “or some other legitimate basis laid down by law.” This phrase contradicts the idea that Article 8.1 is a fundamental right and allows for its abrogration.
Thus we find Statewatch saying that the EU folks, maybe the above referenced independent authority, are “highly critical’ of arrangements being made to give private information to the US. A reading of the report itself suggests they have already buckled under and that it is a matter of how much data for how long not a flat out no.
Yea, they are critical but they are not adamant and when it comes to fundamental rights you must be adament.